E-2 Investor
VS
EB-3
Type
Nonimmigrant visa
Green card
Description
Treaty Investors
Skilled Workers, Professionals, and Other Workers
Profiles that typically qualify
Entrepreneurs, Business owners, Investors
Almost any worker
Requirements
You and at least 50% of the business owners must be nationals of the same treaty country.
You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.
The investment must be substantial and at risk, with the legal source of funds documented.
Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).
The business must be profitable and ideally create at least one U.S. job within the first five years.
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
Pros
Renewable indefinitely, allowing long-term business opportunities in the U.S.
Highly flexible and can be used for almost any type of business.
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
Cons
Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).
Some consulates have long wait times for E-2 application interviews.
Requires committing investment funds before receiving approval.
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Sponsorship
Not required
Required
Validity period
5 years1
Permanent residency
Renewable
Indefinitely, 5-year increments2
Every 10 years
Without premium processing
2-4 months
Three stages, totaling about 36-48 months1
With premium processing
15 business days3
15 business days2
Can spouse work
Yes
Yes
Disclaimers
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing.
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
Type
E-2 Investor
Nonimmigrant visa
EB-3
Green card
Description
E-2 Investor
Treaty Investors
EB-3
Skilled Workers, Professionals, and Other Workers
Profiles that typically qualify
E-2 Investor
Entrepreneurs, Business owners, Investors
EB-3
Almost any worker
Requirements
E-2 Investor
You and at least 50% of the business owners must be nationals of the same treaty country.
You must direct or control the business through either 50%+ ownership or a high-level director or managerial role.
The investment must be substantial and at risk, with the legal source of funds documented.
Funds must be the investor's personal assets, and the investment must be in a commercial enterprise (i.e., a business that sells products or services).
The business must be profitable and ideally create at least one U.S. job within the first five years.
EB-3
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
Pros
E-2 Investor
Renewable indefinitely, allowing long-term business opportunities in the U.S.
Highly flexible and can be used for almost any type of business.
EB-3
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
Cons
E-2 Investor
Requires a substantial upfront investment, with funds at risk (no set minimum, but typically over USD $100,000).
Some consulates have long wait times for E-2 application interviews.
Requires committing investment funds before receiving approval.
EB-3
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Sponsorship
E-2 Investor
Not required
EB-3
Required
Validity period
E-2 Investor
5 years1
EB-3
Permanent residency
Renewable
E-2 Investor
Indefinitely, 5-year increments2
EB-3
Every 10 years
Without premium processing
E-2 Investor
2-4 months
EB-3
Three stages, totaling about 36-48 months1
With premium processing
E-2 Investor
15 business days3
EB-3
15 business days2
Can spouse work
E-2 Investor
Yes
EB-3
Yes
Disclaimers
E-2 Investor
1, 2Shorter for some nationalities.
3Available only for change of status, not for consular processing.
EB-3
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.